Misleading Islamic branding in Malaysia: Legal perspectives and consumer protection

Abstract

This paper critically examines the rising issue of brand misrepresentation within Malaysia’s halal industry, focusing on how non-Muslim producers misuse Islamic imagery, halal logos, and religious terminology to gain Muslim consumer trust. It is an examination of Malaysia’s principal legal mechanism, the Trade Descriptions Act 2011 (Act 730), and the Malaysian Standard MS1500 (2019) in relation to the fraudulent halal practices.  Media-reported cases, especially the nationwide “meat cartel” scandal and manipulation of halal certifications and misleading of Islamic brandings, contribute to adverse effects on consumer confidence and religious integrity.  Evidence from Malaysian media reports, court proceedings, and scholarly studies identifies critical regulatory and enforcement gaps associated with penalties, prosecutorial authority, and inter-agency coordination. The paper recommends policy reforms on turnover-based fines execution, digital traceability, and granting high powers for the Department of Islamic Development Malaysia (JAKIM) are crucial to strengthen halal governance. These comprehensive legal and policy evaluation perspectives would safeguard consumer protection, ethical branding, and the preservation of Halalan-Tayyiban principles in Malaysia’s evolving halal economy.